Legal Question in Wills and Trusts in Virginia

My brother, who is the executor of our Moms estate is selling off the things she bequeathed to others in order to pay her debts. He has not exausted selling things she didn't leave others first. He is doing this out of anger. Do I have any recourse?


Asked on 7/27/10, 4:16 am

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

An executor has a duty to first satisfy all legitimate claims from

creditors against the estate of the deceased before making distributions to

others named in the will. And, in order to fullfill this duty, the executor

may have to sell estate property which has been designated to be given

to such others which is a decision which will normally lie within

the executor's discretion.

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Answered on 8/01/10, 8:04 am


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